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For many people arrested for driving under the influence (DUI) in Arizona, one of the most urgent questions is whether license suspension happens automatically. The short answer is yes—Arizona law includes an automatic license suspension process that begins immediately after a DUI arrest, even before a court conviction. This process is handled separately by the state’s Motor Vehicle Division (MVD) and is known as an administrative license suspension.
Unlike some other penalties that require a court conviction, administrative license suspension is triggered by either a failed or refused chemical test at the time of arrest. The state of Arizona enforces this penalty quickly, often within 15 days of notice, which usually occurs at the arrest scene. This means that you can lose your driving privileges even if your case hasn’t gone to trial or been formally adjudicated.
In this article, we’ll explain the automatic nature of DUI-related license suspensions in Arizona, how the administrative and criminal court processes interact, and what options—if any—are available to challenge or delay a suspension. Knowing how this system works helps clarify what individuals can expect immediately following a DUI arrest and highlights the importance of acting quickly if contesting the suspension is a goal.
Administrative Suspension: Triggered at the Time of Arrest
In Arizona, the license suspension process begins the moment a driver is arrested on suspicion of DUI and either fails a breath, blood, or urine test or refuses to take one. This action triggers what is known as an administrative per se suspension under the oversight of the Arizona Motor Vehicle Division (MVD).
This administrative process is entirely separate from the criminal court case. A police officer will typically serve the driver with a Notice of Suspension on the spot, starting a 15-day countdown to when the suspension takes effect. From that point, the driver can request a hearing with the MVD to contest the suspension, but this must be done quickly.
If the driver fails the chemical test, meaning their BAC is at or above 0.08% (or lower for commercial or underage drivers), the automatic suspension is typically 90 days. If the driver refuses the test, the automatic suspension is much harsher—12 months for a first refusal and 24 months for a second.
This administrative penalty occurs whether or not the DUI charge results in a conviction. That means license suspension is not conditional upon guilt; it is instead enforced based on the act of failing or refusing the chemical test itself.
Court-Imposed Suspensions Are Separate From MVD Actions
Many people are surprised to learn that Arizona uses a dual-track system for license suspension: one administrative and one criminal. After the initial administrative suspension by the MVD, the criminal court may also impose its own suspension or even a revocation depending on the case outcome.
If the person is later convicted of DUI in court, the judge can impose additional license penalties, often including extended suspension durations or revocation for serious or repeat offenses. These penalties are typically in addition to any administrative suspension already in place or completed.
For example, someone who completes a 90-day MVD suspension may still face a one-year revocation if later convicted of an Aggravated DUI in court. This layered approach ensures that driving penalties are enforced regardless of how the case proceeds through different branches of the legal system.
Because of this system, even drivers who believe they have a strong court case must still deal with the immediate consequences from the MVD. Ignoring the administrative process can result in a suspension taking effect without any chance to challenge it, regardless of the outcome in court.
Refusing a Chemical Test Automatically Triggers a Longer Suspension
Under Arizona’s implied consent law, any person who operates a vehicle is considered to have automatically consented to chemical testing if lawfully arrested for DUI. Refusing to take a test does not help avoid penalties—in fact, it results in even harsher consequences.
A refusal automatically leads to a 12-month license suspension, even if it’s the individual’s first DUI-related arrest. If there is a prior refusal within the past 84 months (seven years), the automatic suspension is extended to 24 months.
This automatic penalty reflects the state’s policy of discouraging drivers from avoiding BAC measurement. Refusal also disqualifies the individual from certain privileges, such as the opportunity to obtain a restricted license during part of the suspension period.
Even if a person believes they were wrongly stopped or arrested, refusing the test almost always guarantees a longer license suspension than failing it would. The automatic nature of this rule leaves little room for delay or inaction—it activates immediately and must be formally contested through the proper MVD channels if a driver hopes to prevent it.
MVD Hearings: The Only Way to Challenge Automatic Suspension
Although the administrative suspension happens quickly, Arizona drivers are given the opportunity to request a hearing with the Motor Vehicle Division to contest the automatic suspension. This hearing is not part of the criminal trial—it’s a separate process run by an administrative law judge.
To begin this challenge, the driver must formally request the hearing within 15 days of receiving the Notice of Suspension. If the request is not submitted within that window, the suspension takes effect automatically, and all rights to appeal administratively are forfeited.
At the MVD hearing, the judge will consider whether:
- The officer had reasonable grounds for the arrest
- The driver refused the test or had a BAC above the legal limit
- The test procedures were properly followed
If the judge finds the evidence lacking or procedural errors occurred, the suspension may be overturned. However, the burden of proof is relatively low in these hearings, and most challenges are unsuccessful unless clear issues are present.
Still, for individuals with strong concerns about the circumstances of their arrest, the MVD hearing offers the only way to intervene before the suspension becomes active.
Restricted Driving Privileges May Be Available
Even though the license suspension is automatic, Arizona does offer limited options for regaining restricted driving privileges during part of the suspension period, depending on the circumstances and compliance with certain conditions.
For a first-time DUI with a failed test (not a refusal), the driver may be eligible for a restricted license after serving 30 days of the initial 90-day suspension. This restricted license permits travel to:
- Work
- School
- Medical appointments
- Court-ordered treatment programs
To qualify, the driver must complete alcohol screening, provide proof of SR-22 insurance, and, in some cases, install an Ignition Interlock Device (IID). These requirements ensure that while limited driving is allowed, it is tightly controlled and monitored for safety.
However, for drivers who refused a chemical test, no restricted driving privileges are granted during the 12-month or 24-month suspension period. This difference emphasizes the state’s incentive structure: cooperation during the DUI arrest process may result in more flexible options later.
FAQ
Is license suspension automatic after a DUI in Arizona?
Yes. If you fail or refuse a chemical test during a DUI arrest, your license is automatically suspended by the MVD—regardless of the court case outcome.
How soon does the suspension begin?
It typically begins 15 days after the Notice of Suspension is issued, which often occurs at the time of arrest.
Can I stop the suspension from happening?
Only if you request an MVD hearing within 15 days. This is the only way to challenge the automatic suspension before it takes effect.
What if I win my DUI case in court?
The administrative suspension still applies, unless it was overturned during an MVD hearing. Court outcomes do not automatically reverse MVD penalties.
Does refusing the test mean no evidence against me?
No. Refusing the test results in an automatic 12-month suspension and may still be used against you in court proceedings.
Am I eligible for a restricted license during suspension?
Yes, if you failed the test and it’s your first offense. After 30 days, you may apply for restricted driving privileges. If you refused the test, you are not eligible.
Conclusion
In Arizona, a DUI arrest quickly sets off a series of automatic administrative penalties, starting with the suspension of your driver’s license. This suspension occurs separately from any criminal court ruling and is enforced even if no conviction ever takes place. The MVD acts swiftly—often within days of arrest—to suspend driving privileges, especially in cases of failed or refused chemical tests.
Understanding this process is critical, as many drivers are unaware that inaction can result in penalties they didn’t realize they were facing. While it may be possible to contest the suspension through a hearing, the window to act is narrow. The automatic nature of license suspensions following a DUI in Arizona reflects the state’s strong commitment to public safety and its strict enforcement policies.
To learn more about how driving privileges are impacted after a DUI, visit the License Suspension and Driving Restrictions After a DUI page. For an overview of all penalties that can result from a DUI in Arizona, explore the DUI Penalties and Consequences hub.